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Can we make a child work in France? What are the regulations?
No, not before the age of 16
In France, the labor code prohibits the employment of children under 16 years of age. This ban is directly linked to the obligation to send children to school until the age of 16. For example, a minor aged 13 is not authorized to leave school to take up paid employment like an adult in a company.
Y a-t-il des exceptions ?
However, various exceptions are provided for to this prohibition. Children can thus work under the authority of their father or mother in a family business, provided they carry out a short-term task that corresponds to their age and abilities. From the age of 15, minors can hold an apprenticeship contract, complete observation and initiation courses, or short periods of training in a professional environment. From the age of 14, with authorization from the labor inspectorate, children can carry out work appropriate to their age during school holidays. The child’s employment must necessarily correspond to his physical abilities and specific precautions must be taken to ensure his health and safety. The child must, moreover,
The world of entertainment, a special case
Businesses in the entertainment world, such as modeling or advertising agencies, which often employ children, benefit from exemptions. They can therefore employ children under the age of 16 with prior individual authorization from the Prefect. A commission examines the request in order to verify whether the role or service does not harm the interests of the child. Child labor is highly regulated. The child’s working time is strictly regulated: for example, no more than 3 hours per week for children under 6 years old. Likewise, children are not allowed to work on Sundays or during school hours. Remuneration is also strictly regulated since it is the commission which sets and approves the remuneration conditions. Part of the remuneration goes to the parents (10 to 20% of the total amount) and the rest goes to the child. The child will only be able to receive this amount when he or she reaches the age of majority. In the meantime, it is blocked at the Caisse des Dépôts et Consignations.
What happens in case of abuse?
Failure to comply with legal provisions regarding child labor results in the application of criminal sanctions. This is the case when the maximum working time or the child’s employment conditions have not been respected. This is also the case if children have been given tasks that do not correlate with their age or ability. The criminal court can impose sentences of up to 3 years’ imprisonment and a fine of 75,000 euros. The penalty can be pronounced against parents, guardians and legal representatives, but also against employers and entertainment agencies. The criminal court may also impose a penalty of forfeiture of parental authority.
DAMY Law Society, Nice, Work and Children, Updated 2022
